Old Bailey Proceedings, 28th August 1689.
Reference Number: 16890828
Reference Number: f16890828-1

THE PROCEEDINGS ON THE KING AND QUEENS COMMISSIONS OF THE Peace, and Oyer and Terminer, and Gaol Delivery of Newgate, held for the CITY of London, and COUNTY of Middlesex, at Justice-Hall in the OLD-BAYLY,

On Wednesday, and Thursday, being the 28th, and 29th Days of August, 1689.

And in the First Year of Their MAJESTIES Reign.

THE Sessions of Peace, Oyer and Terminer, and Gaol-Delivery of Newgate, held at Justice-Hall in the Old-Baily, on Wednesday and Thursday, being the Twenty eighth, and Twenty ninth Days of August, 1689. Before the Right Honourable Sir Thomas Pilkington Kt. Lord Mayor of the City of London, with several others of Their Majesties Justices for the City of London, and the County of Middlesex.

The Jurors were as follow:

London Jury,

Nathaniel Ranew

James Croyle

Henry Mortlack

John King

Robert Panton

Christopher Wistcow

Henry Merryman

William Boyce

George Heath

John Weekes

Stephen Ragg

James Medwells

Middlesex Jury,

John Cogghill

Randale Nicholl

John Harrison

John Marsh

John Horsley

Michael Shepherd

Robert Harbort

John Green

Robert Young

John Taylor

Thomas Brent

Robert Odell .

The Proceedings were these:

Reference Number: t16890828-1

Diana Fisher and Mary Thomson were tryed upon two several Indictments. The first, for stealing 18 yards of Indian Silk, value 38 s. from Ann Young . A 2d time, for stealing 4 yards of Cloth, and some other things of small value, from a person unknown ; which first was fully proved upon them, but no person owning the latter, Fisher was found Guilty to the value of 9 s. of the first Indictment, but Thomson was acquitted of both.

[Branding. See summary.]

Reference Number: t16890828-2

Barbary Woolse of St. Andrews Holbourn , was tryed for stealing two Silver Tankards value 8 l. from one John Cooper on the 22d of July last. The Goods were took upon her in the street as She was persued by the Prosecutor. All which She was not able to deny, so she was found guilty of Felony.

[Death -respited. See summary.]

[Transportation. See summary.]

Reference Number: t16890828-3

Mary Cross , Wife of Thomas Cross , was Indicted for stealing a Gold Ring value 20 s. one Necklace 10 s. and some other Goods of small value from Richard Cooke , and others, on the first of August last. The Evidence deposed, that the Prisoner confest the stealing of the Goods before a Justice, but nothing was found about her. The Prisoner denied it upon her Tryal, yet after all the was found guilty of Felony.

[Death. See summary.]

Reference Number: t16890828-4

Greenaway Field of the County of Middlesex Gent. was Tryed for killing one Andrew Charleton , on the 19th of August giving him one mortal Wound near the right Pap (with a Rapier value 2 s.) of the depth of 6 Inches, of which he died the 20th instant &c. The First Witness proved, That the Prisoner came into a House in Sohoe where Charleton was, and asked for him and drew his Sword half out upon him. And another declared that he owned that he had Wounded the Deceased after the Quarrel was over, and that Field had Challenged the other to fight, which Challenge was produced in Court and afterwards said, That Charleton was a Coward, and that where

ever he met him he would kill him. The Prisoner denied that he sent any Challenge, tho' it was fully Sworn against him and owned it to be his hand before the Murther was committed; and it was further proved, That the Deceased declared upon his Death-bed, That the Prisoner Field run him into the Body as he sat in his Chair, and then fled away from him, leaving the Sword in his Body. The Prisoner said, That he had no Malice against the Deceased, and used several Evasions whereby to clear his Innocency, and called several Witnesses on his side, who declared, That he had behaved himself fairly heretofore, but could not tell how he might live for these Three Years last past, and the Court looking upon him to have had Malice against the Deceased, altho' he argued to the contrary; yet upon the whole, he was found Guilty of Wilful Murther.

[Death. See summary.]

Reference Number: t16890828-5

John Harris of St. Martins in the Fields , was Tryed for stealing on the 19th of August , one pair of Womens Shoes value 3 s, another pair 18 d. The Goods of William Jones . The Evidence swore, That the Goods were found in his Custody, and altho' the Prisoner denied it, yet he being burnt in the Hand before, he was found Guilty of a Petti-lacenary

[Whipping. See summary.]

Reference Number: t16890828-6

Alexander Cockle , a Boy of about 12 years old, was Tryed for stealing one Silver Ring value 6 d. 7 pieces of Gold 7 l. and 35 s. in Money numbered , the Goods of Robert Meakins . The Evidence said that 8 l of the Money was found about the Boy at Tatnam Highcross, where he was drinking Cyder, but there was but one Evidence against him, which could not prove the taking of the Money, and the Robbery was committed at Cambridge, and the Boy taken in Middlesex: So he could not fasten it upon him, yet the Prosecutor was ordered to prefer a Bill of Indictment against him at Cambridge, next Assizes. So he was Acquitted here.

Reference Number: t16890828-7

Anne Rumbal was indicted for Robbing Joseph Williams on the 10th of August of 9 l. 10 s. in Money . The Evidence for the King declared, That the Money was in a Box under the Bed, which was unlock'd, and the Prisoner being left alone in the Room, took away the Money. The Prisoner denied the Crime, and called several who gave a favourable account of her Reputation. So she was discharged .

Reference Number: t16890828-8

Stephen Dawson of St. Giles Cripplegate , was tryed for stealing a Silver Tankard on the 18th of February last, value 6 l. 10 s. the Goods of George Kedge . The Evidence deposed, that the Prisoner and another person came to the Prosecutor's house, and called for Drink, and so convey'd away the Tankard. The Prisoner denied it, and extenuated the Crime's but it was proved that he neglected to appear two Sessions before: Yet the Evidence not being positive that he took it, he was acquitted .

Reference Number: t16890828-9

Thomasin Burton was Indicted for stealing 60 yards of black Crape value 3 l. the Goods of Katharine Steers . The Evidence said that the Prisoner and another came into the Shop to cheapen Goods, and the Prisoner was seen to take away the Crape under her Apron , which was found about her. She denied all, and was known to be an idle Housewife, so she was found guilty to the value of 10 d.

[Whipping. See summary.]

Reference Number: t16890828-10

Lawrence Welsh was Indicted for stealing on the 9th of July last a brown Gelding value 6 l. from William Greene . Several persons were produced, who deposed, that the Gelding was lost in Kings street, Westminster , taken out of a Brewer's Dray, and that the Prisoner was found offering the Horse to Sale at Broken Wharf at the Water-House. The Prisoner denied it upon the Tryal, although the Witnesses were positive against him. So he was found guilty of the Felony.

[Death. See summary.]

Reference Number: t16890828-11

Elizabeth Cary of the Parish of St. Mary Woolnoth was Indicted for stealing from Matthew Coates on the first of June last, one Sheet value 10 s. one Petticoat 50 s. one Coif 40 s. one Crevat 10 s. and divers other Goods of good value . The Evidence deposed, that she was a Servant in the Prosecutor's house, and that she took away the Goods, and sold them to a Woman-Broker; which she confessed before a Justice: But upon her Tryal she denied it, and said that she never took any of the Goods: Yet it was produced against her that she had been in Bridewel, and a Night Walker, and had no Friend to appear on her behalf. She was found guilty to the value of 10 d.

[Whipping. See summary.]

Reference Number: t16890828-12

Thomas Barloe of St. Clements Danes , was Indicted for Robbing John Reeve Gent. on the 16th of March last, of one Hat value 20 s one Cornbeck Hat 5 s. one Gown 15 s. one pair of Shag Breeches value 10 s. Six Bands 6 s. with other Goods of small value . The Evidence declared, that the Goods were lost out of Clements Inn , and that the Prisoner had a Confederacy with one Ann May , who being called, did not appear in Court; as also with one Burton, who is not as yet taken. The Prisoner denied it upon his Tryal, that ever he had any thing to do with Ann May , or any one else: Yet he was found guilty of Felony.

[Transportation. See summary.]

Reference Number: t16890828-13

Elizabeth Crout was Indicted for stealing one Gold Ring value 10 s. one Box 12 d. one Angel piece of Gold 10 s. and 5 l. 15 s. in Money , on the 12th of August , from John Stone . The Evidence was Her Master and Mistress to whom she had been hired as a Servant , who deposed, That whiles they were at Church, the Maid took away the Money, and the Goods abovementioned in the Indictment, but could not Swear positively against her, and she denied it. So she was Acquitted .

Reference Number: t16890828-14

Elizabeth Fisher was tryed for Feloniously taking from Carew Newton , spinster , one Necklace set in Gold, value 30 s. on the 27th of February last past . The Evidence for the King deposed, That the Prisoner confest to have taken away the Necklace, and that it was seen upon a Gentlewomans Neck at Westminster, and that she was a Servant to a Person, where Mrs. Carew Newton Lodged; the Prisoner denied the Fact, and said, That the Necklace was dropt in the Yard, and had nothing material to offer in her Defence. So she was found guilty to the value of 10 d. only .

[Whipping. See summary.]

Reference Number: t16890828-15

Mary Amor was Indicted and Tryed upon two several Indictments. The first, for stealing on the 8th of July last from William Austick one Silver Porringer value 35 s. one lac't Cornet, and some other Goods . The Prisoner denied it, &c. but the Evidence was positive against her, so she was found guilty of Felony.

The 2d Indictment was for stealing one Silver Mug value 30 s. and two Silver Spoons 18 s. one pair of Buckles 2 s. and 6 d. from Edward Millet on the 16th of March last, out of the Parish of Eling . The Evidence was likewise positive, that she took away the Goods, and confest to have sold them, yet she denied it upon the Tryal: Notwithstanding which she was found guilty of Felony.

[Death -respited. See summary.]

[Transportation. See summary.]

Reference Number: t16890828-16

Elizabeth Trustrum was Indicted for Felony and Burglary, in breaking the House of one Samuel Townsend in the Parish of Enfeild , on the first of August , taking away one Guinea, and Ten Shillings in Money . The Evidence was Townsend and others, who could not positively charge the Prisoner with the taking away the Money, and the Prisoner denied it. So she was acquitted .

Reference Number: t16890828-17

Samuel Heath , Jane Katterns , Philip Charlton and Ann Winkle , were all Four tryed for Robbing Ann Congring on the 6th of June last, of one Watch with a Silver Case, value 40 s. Four King Charles 20 s. Pieces of Gold, 4 l. 14 s. two Guinea's, one French Piece of Mony 16 s. 6 d. and 28 l. in Money . It appeared upon the Tryal. That Heath and Katterns were principals, and Charlton and Winkle, were Accessaries. It happened that the Prosecutor Ann Congring being one

Night at Katterns's House, where the rest of the prisoners were, they perswaded her to stay all Night, and whiles she was asleep, took away the Watch and the Money, which she never had again, and she swore positively that she saw Katterns have her purse, and that Katterns said, That she would make her prove how she came by her Money, before she had it again. Katterns denied it, so did Heath, and said that he was never in the House: Charlton said that he was in the House, and saw the Woman (viz.) Congring in another Room, but he knew nothing how the Money came to be lost; Winkle said she knew nothing of it also; the Evidence could not Swear who took it, and Congring was in drink at the same time, so that the Court was doubtful whether she lost any Money or no: So upon the whole Matter, the Evidence being circumstantial, and proceeding somewhat from Malice, they were all four acquitted .

Reference Number: t16890828-18

Benjamin Watson of St. Paul's Covent-Garden , was tryed for stealing 60 yards of Indian Sattins value 12 l. on the 20th of July last, from William Mills , who declared that the Sattins were lost out of his Shop , and that the Prisoner had sold them to a person who was produced in Court as a Witness in the Prosecutor's behalf, and Mills owned the Sattins to be his. The Prisoner said that he had them of a Woman to sell for her, but did not prove it; yet the Evidence not swearing flatly against him, he was discharged .

Reference Number: t16890828-19

Hannah Holding was Indicted for Robbing Roger Allen of three gold Rings value 24 s. one silver Box 5 s. one Guinea, and 11 s. in money , on the 8th of August . The Prisoner was a Servant to Allen, and took opportunity to steal away the Goods some of which she did confess to have sold in Wapping. She denied it upon the Tryal; yet the Evidence being clear, she was found guilty .

[Death -respited. See summary.]

[Transportation. See summary.]

Reference Number: t16890828-20

PARTY-JURY.

John Cogghill

Nicho, Romane

Randal Nicholl

Henry Umbloe

John Harrison

Nicholas Duffee

John Marsh

Joshua Merrisaw

John Horsley

Abraham Hewet

Nicholas Shepherd

Joshua Morray .

John Harman , Henry Peppermaker , and John Degrove , all Dutch Men, were tryed upon a Party-Jury, whose Names are above incerted, half English, and half Aliens, for the Murder of Elizabeth Jennaway an Infant on the 12th of August , giving her one mortal Wound upon the Right Pap of the depth of one Inch, of which she instantly died . The Business was thus: Two of these Dutch Men were drinking in Harman's Quarters and took occasion (being in Drink) to begin a Quarrel with the Prosecutor Jennaway, the Father of the Child, and some Neighbors that were drinking there, calling them Papists; and abused them in a most egre ious manner, drawing their Knives, Swords and pistols, endeavouring to murther them. And Harman was left in the Kitchen alone, (where the Child lay in a Cradle asleep) with his Sword drawn and upon a sudden the Child was heard to screek out, and immediately after was found dead in the Cradle. This was fully proved against Harman, which he utterly denied at his Tryal. The other were Indicted as being accessary to the Murther, and they said what they did was in their own Defence, being assaulted by some persons in the house; and that they knew nothing of the death of the Child, and had no Pistols: Yet it was farther evidenced against them, that they would have made their Escape. And upon Oath it was made out, that Harman was only in the Room with his Sword drawn where the Child lay, and the Child dyed of the Wound received. The Court, and all that heard it, resented it as a most villainous Act, and base Murther that was hardly to be parallel'd; so upon a full Hearing on both sides, no Evidence was produced to fasten the Murther upon Pepper-maker and Degrove, so they were acquitted ; but Harman was found guilty of wilful Murther.

[Death. See summary.]

Reference Number: t16890828-21

Job Medison of the Parish of St. Andrews Holbourn , was tryed for stealing a Silver Cup value 3 l. from Isaac Hall on the 11th of June last. It was proved against him, That he had the Cup in his Custody, being stopt by a Smith, where he went to have it broke, and the Prosecutor swore that it was his Cup. The Prisoner said that he took it from a drunken Woman at Fleet-bridge, but could not prove it: So he was immediately found guilty of the Felony.

[Transportation. See summary.]

Reference Number: t16890828-22

Elizabeth Locker was tryed for Robbing Mary Chester Widow , of a Silver Bason value 12 l. one Chafin-Dish and two Silver Salts, some Spoons and other Plate all to the value of about 21 l. The Evidence was plain against her that she took it out of the House, having been a Servant to the Prosecutor heretofore; some of which Goods were found upon her, and the rest she sold to a Goldsmith in Cheapside. She denied it upon her Tryal, altho' she had confest it before: So she was Convicted of the Felony.

[Death -respited. See summary.]

[Transportation. See summary.]

Reference Number: t16890828-23

Edward Remington of St. Giles in the Fields , was tryed for the Murther of one James Armstrong with a Penknife, giving him a Wound in his right Knee of the depth of three Inches, on the 24th of June last, of which he died the 22th of August following . The Evidence against him was Armstrong's Wife and others, who could not positively Charge the Prisoner to have committed the fact, only said there was no Man in the Company but Remington, and by that it might be conjectured that he gave the Deceased the Wound, and the Deceased declared upon his Death bed, That the Prisoner gave him the Wound, and that he went into the Company only to keep the peace. The Prisoner said that he gave no Wound to him and there was no Malice proved to have been between them before. So he was found guilty of Manslaughter only at Common Law.

[Branding. See summary.]

Reference Number: t16890828-24

Elizabeth Nelson Wife of John Nelson , was Indicted for Robbing John Gibbons of one Tankard

value 5 l. one Cup 50 s. five Silver Spoons 50 s. one Scarf 10 s. and some other Goods . The prisoner was a Servant about a Week in August, to Mr. Gibbons, and had the Plate and things abovesaid committed to her Charge, and while her Mastar was at Dinner, she ran away with the Goods, but none was found in her Custody, only a Scarf, which the Prisoner said the borrowed of another Person, but the Prosecutor owned the Scarf to be his Wives; yet the Evidence did not influence the Jury enough to find her Guilty, she was discharged

Reference Number: t16890828-25

Anthony Sattinger was tryed for Felony and Burglary, in stealing from Sir Adam Oately on the 23d of May last, one Gown wrought with Silver value 10 l. one Wastecoat 8 l. The Evidence swore, That Sir Adam and his Family were out of Town, and the Doors were broke open, and the Goods lost, but no Evidence affected the Prisoner that he stole them: So he was acquitted .

Reference Number: t16890828-26

Samuel Taylor Indicted for Robbing Sarah Harris in the Highway : But no Evidence material appeared against him: So he was Discharged .

Reference Number: t16890828-27

Leonard Hutton was Indicted for stealing a Silver Tankard, value 6 l. 10 l. the Goods of William Maul on the 29th of July last past. It was sworn, That he came into an Ale house to drink in Drury-lane , and took away the Tankard; and the Tankard was missing after he was gone; he gave but a slender account how he lived; and the Prosecutor's Maid swore positively that he was the person that called for the Drink, which weighed so much with the Gentlemen of the Jury, that he was found Guilty of the Felony.

[Branding. See summary.]

Reference Number: s16890828-1

Several suspected Popish Priests were called and examined whether they were so or no, but they refused to answer any such question directly or indirectly: So they were recommitted to Gaol, according to the form of the Statute in that case made and provided.

The Tryals being over, the Court proceeded to give Judgment , as followeth.

Burnt in the Hand 3.

Diana Fisher . Edward Remington . Leonard Hutton .

Ordered to be Transported 2.

John Medison .

Thomas Barloe .

Ordered to be Whipt 3.

John Harris . Elizabeth Cary . Elizabeth Fisher .

Thomasin Burton order'd to be sent to Bridewel , there to remain till next Sessions, and to have the Correction of the House.

Received Sentence of Death 8.

Barbara Woolfe . Lawrence Welsh . Mary Cross . Greenaway Feild. Mary Amor . Hannah Holding John Harman . Elizabeth Locker .

Barbara Woolfe , Mary Amor , Hannah Holding , and Elizabeth Locker were Respited after Judgment was past, and begged Transportation; which the Court was pleased to allow of.

Reference Number: a16890828-1

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